QUESTION 1
Instructions: Read the set of facts and answer the questions that follow.
Mr and Mrs Moloi got married in Mauritius while on holiday there in December 1982. The
ceremony was conducted by a friend of Mr Moloi, a marriage officer registered in South Africa
and who conducted the ceremon...
LJU4804
Private International Law
JANUARY/ FEBRUARY
2022 SUPPLEMENTARY
PORTFOLIO MEMO
WITH FOOTNOTES AND
BIBLIOGRAPHY
19 PAGES
QUESTION 1
Instructions: Read the set of facts and answer the questions that follow.
Mr and Mrs Moloi got married in Mauritius while on holiday there in December 1982. The ceremony was conducted by
a friend of Mr Moloi, a marriage officer registered in South Africa and who conducted the ceremony in compliance with
the South African Marriage Act. At the time of entering into the marriage, Mr and Mrs Moloi were both domiciled in
England, but citizens of Malawi. Shortly after their marriage, Mr and Mrs Moloi immigrated to South Africa and
established a domicile in Johannesburg. Two children were born from the marriage and Mr Moloi stayed at home to look
after the children, while Mrs Moloi worked as a chartered accountant for a large firm and travelled extensively. In 2007,
, Mr Moloi instituted divorce proceedings against Mrs Moloi in a South African High Court. Upon institution of the divorce
proceedings, Mr Moloi also claimed a redistribution of assets.
1.1 Which legal system applies to the formal validity of the parties’ marriage in terms of the South African rules of private
international law? Discuss if any possible exception applies. (6)
In terms of the rules of private international law the material validity of marriage is governed by the lex loci celebrationis
that is the law of marriage celebration. The law of marriage celebration refers to the place where the marriage
was celebrated. By virtue of the given set of facts the marriage was concluded in Mauritius meaning. The legal
system would then be Mauritian law. 1
We have pointed out above that material validity of a marriage is governed by the lex loci celebrationis. However this
general rule has two exceptions which are:-
ANSWER CONTINUES ON 2Nd PAGE….
1
Friedman v Friedman’s Executors and Others 1922 43 NLR 259.
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